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Home My WebLink AboutLOFTS AT CAMPUS WEST (THE) - PDP/FDP - 28-97 - SUBMITTAL DOCUMENTS - ROUND 1 - ACCESS, UTILITY, DRAINAGE EASEMENTA PART OF TOWN SQUARE, FORT COLLINS, COLORAOO NORTHWEST CORNER - TOWN SQUARE POINT OF BEGINNING BOUNDARY UNE T S 89°34'tXYE 28P-74- W IZ Unun EasEW-W `1 Q 3 ; < a_o O i U ' UMIN S011ARE DWM OFlrErs� coartER 01 1 17.00' UTLITY EASEWNT co W 89034100' W---....-10' - 399.rz, 54 O 50 100 IBO GRAPHIC SCALE — FEET E,1 GAL DESCIUPT]ON SCALE. 1. = 50' SEPTEMBER 22nd, 1997 A part ofthe Town Square situate in the Northeast '/. of Section 15, Township 7 North, Mange 69 West of the Sixih P.M, Fort Collins, Lorimer County, Colorado which consde ing the East line ofthe said Northeast '/4 as bearing Notch and with aR bearatgs cmtaiced herein relative *=VtO is contained within the boundary tines which N begat at due Natth►xSt corner of said Town Square and run thence along the boundary line of Town Square, S 89° 34' 00" E 282.74 feet; and again East 117.00 feet; and again South 135.70 feet; thence N 89° 34' 00• W ALL CORNERS SET VATH No 4 399.63 Lost; thence N 00* 03' 00" W 134.82 feet along the boundary he of Town Square to the point of REE ARi CAP No 7839 EXCEPT be8kmingcontai&g 1.2392 acres more or less and being subject to all eases And rights.of-way in place or NORTHEAST CORNER UNDER SHED are now of record or are recorded with Town Sq uare. Stewart and Associates, Inc. IN WITNESS WHE F, the parties hereto have executed this Agreement as of the d y year first above written. ELIZABETH CENTER CO., LLP, a JEF.F DONALDSON registered limited liability 111 partnership, f/k/a ELIZABETH ll 11fX� L `rya CENTER CO., a Colorado general JOIN M. DONALDSON partnership STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) BY: RLK CO., a Colorado gen- eral partnership, its Managing/General Partner RO ERT L.' KRUMVIEDA, it General Partner The foregoing instrument was subscribed, sworn to, and acknowledged before me this 23rd day of September, 1997, by JEFFERY M. DONALDSON and JOHN M. DONALDSON. Witness my hand and official seal. My commission expires: ' xP /r''/ STATE OF tOLORADO ss. COUNTY OF LARIMER No at ry—` Public The foregoing instrument was subscribed, sworn to, and acknowledged before me this 23rd day of September, 1997, by RO$ERT L. KRUMVIEDA, General Partner of RLK CO., a Colorado general partnership, Managing General Partner of ELIZABETH CENTER CO., LLP, a registered limited liability partnership, f/k/a ELIZABETH CENTER CO., a Colorado general partnership. Witness my hand and official seal., My commission expires: J.. Notary Puj6j..j.c 4 13ECKY WARNER (a) Maintenance of all asphalt and concrete surfaces at such grades and levels that they may be used and enjoyed as integrated and homogeneous common areas; in a level, smooth, and evenly covered condition, free of breaks, cracks, and defects which may impair their use, and with materials of good quality and durability. (b) The prompt removal of all dirt, debris, refuse, ice, and snow, as may be reasonably necessary to keep the areas in a neat, clean, usable, and safe condition. (c) Erection, replacement, and maintenance as may be reasonably necessary of all directional signs and lighting installations and equipment, and the striping, lining, and arrowing of asphalt surfaces. (d) Maintenance of retaining walls and perimeter fences in good condition and repair. (e) Maintenance of all landscaped areas, including reasonable irrigation, and the general maintenance of all vegeta- tion thereof. The parties may construct, install, and maintain retaining walls and traffic control islands and structures, fences, and landscaping on and between their respective properties reasonably designed to control and direct traffic or to buffer and define property lines so long as they do not impede the efficient flow of traffic or parking of vehicles nor interfere with the integrated and cooperative use by all persons legally entitled to use the respective easement areas. 4. Remedies Upon Default. In the event of default, the nondefaulting party shall have the right to an action for specific performance or damages, or both. 5. Attorney's Fees. In the event of any litigation arising out of this Agreement, the prevailing party shall be awarded its costs and reasonable attorney's fees. 6. Binding Effect. The easement granted herein and the other provisions hereof shall be covenants running with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives successors, and assigns. , 3 (b) Parking. Donaldsons and Elizabeth Center Co., LLP, for themselves, their heirs, personal representatives, successors, assigns, employees, tenants, residents, contractors, and guests, do by these presents, grant unto the other, their heirs, personal representatives, successors, assigns, employees, tenants, resi- dents, contractors, and guests; the perpetual right and easement to park any currently licensed bicycle or motor vehicle for periods of time not to exceed forty-eight (48) consecutive hours on such portion of each party-'s respective property as may, from time to time, be reserved for parking purposes, provided that any parked motor vehicle shall not exceed six thousand five hundred (6,500) pounds gross vehicle weight. (c) .Adjacent Properties. Elizabeth Center Co., LLP, for itself and its successors and assigns, does by these presents grant unto Donaldsons, their heirs, personal representatives, assigns, employees, tenants, residents, contractors, and guests, and reserves unto itself and its successors, assigns, employees., tenants, residents, contractors, and guests, the nonexclusive, perpetual easements set forth in that certain Agreement for Parking and Access by'and between Elizabeth Center Co., a.Colorado general partnership, and McDonald's Corporation, a Delaware corporation, dated July 14, 1976, and recorded July 16, 1976, in Book 1710 at Page 843 of the Larimer County, Colorado, records and that certain Easement Agreement by and between Elizabeth Center Co., a co- partnership and Poudre Valley Construction Co., Inc., a Colorado corporation, dated March 18, 1982, and recorded March 25, 1982, in Book 2160 at Page 518 of 'the Larimer County, Colorado, records., subject to all of the terms, covenants, conditions, and provisions contained in said instruments. 2. Regulation of Easements. Donaldsons and Elizabeth Center Co., LLP, and their heirs, personal representatives, successors, and assigns, shall have the right to promulgate and enforce. reasonable rules and regulations governing the use and operation of that portion of their respective properties which are subject to the Easements. Donaldsons and Elizabeth Center Co., LLP, and their heirs, personal representatives, successors, and assigns, shall cooperate and work together in the promulgation and enforcement of such rules and regulations so as to maximize the compatible and integrated use of their respective properties. 3. Maintenance of Easements. The parties shall maintain in good condition and repair, or cause to be so maintained and repaired, their respective properties wl-.ich are subject to the Easements in such a manner as to reasonably carry out the object and purpose of the Easements, which duty :shall include, by way of illustration and not limitation, the foll.•-)wi_ng: J 2 RCP^LN 4:•');'063368 09/25/97 14:1<3:ii r ;;' M RODENBERc ER RECORDER, LARIMER Cc;UN i i;i.; - ACCESS AND PARKING EASEMENT AND AGREEMENT $26.00 $.00 THIS AGREEMENT is made and entered into this 23rd day of September, 1997, by and between JEFFERY M. DONALDSON and JOHN M. DONALDSON, whose address for purposes of this Agreement is 4529 South Stover Street, Fort Collins, CO 80525 ("Donaldsons"), and ELIZABETH CENTER CO., LLP, a registered limited liability partner- ship, formerly known as ELIZABETH CENTER CO., a Colorado general partnership, the address of which for purposes of this Agreement is 1108 Birdie Road, Broomfield, CO 80020 (�'Elizabeth Center Co., LLP"). WITNESSETH: WHEREAS, Donaldsons are the owners, of the real property legally described on Exhibit "A" attached hereto and incorporated herein by reference ("the Donaldson Property"). WHEREAS, Elizabeth Center Co., LLP, is the owner of all of Town Square, a.planned unit development situated in the Northeast 1/4 of Section 15, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado, according to the recorded plat thereof, except the Donaldson Property ("the Elizabeth Center Co., LLP, Property"). WHEREAS, the parties hereto desire to grant to each other perpetual, nonexclusive access and parking easements over, across, and upon their respective properties as set forth in this Agreement ("the Easements"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby confessed and acknowledged, the parties hereto agree as follows: 1. Grant of Easement. (a) Ingress and Egress. Donaldsons and Elizabeth'Center Co., LLP, for themselves, their heirs, personal representatives, successors, assigns, employees, tenants, residents, contractors, and guests, do by these presents, grant unto the other, their heirs,. personal representatives, successors, assigns, employees, tenants, residents, contractors, and guests, the perpetual right and easement to walk on and to ride on and travel in any currently licensed vehicle upon the property of the other for the purpose of ingress and egress to and from their respective properties over such portion of each party's respective property as shall be from time to time reserved for riding, driving, and pedestrian traffic.